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  1. #1
    Join Date
    Apr 2014
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    1

    Default No Physical Description of Home in Divorce Decree

    Here's the situation:

    1. My uncle was rewarded the house in his divorce.
    2. My uncle refinanced the house and excluded his ex-wife from the home.
    3. My uncle put the house on the market and sold the house.
    4. My uncle got to the final stages of the papers, but now CANNOT SELL THE HOUSE because the Divorce Decree does not have the Physical Description of the house, only the address.
    a. However, both the legal description AND address are together at the County Clerk's Office.
    5. My uncle's ex-wife won't come in to re-sign the Divorce Decree and amend it with the physical description.

    Any advice? I can't find anything definitive on the internet.

    Thanks in advance.

  2. #2
    Join Date
    Jan 2014
    Posts
    118

    Default Re: No Physical Description of Home in Divorce Decree -- Texas

    Quote Quoting flurderkian
    View Post
    Here's the situation:

    1. My uncle was rewarded the house in his divorce.
    2. My uncle refinanced the house and excluded his ex-wife from the home.
    3. My uncle put the house on the market and sold the house.
    4. My uncle got to the final stages of the papers, but now CANNOT SELL THE HOUSE because the Divorce Decree does not have the Physical Description of the house, only the address.
    a. However, both the legal description AND address are together at the County Clerk's Office.
    5. My uncle's ex-wife won't come in to re-sign the Divorce Decree and amend it with the physical description.

    Any advice? I can't find anything definitive on the internet.

    Thanks in advance.
    So dear unk thought he was cutting a fat hog in saving lawyer's fees and now he is suffering the consequences? So unfortunate, but not surprising. A frequent mistake in pro se divoirces.

    My guess is that the property's legal description is not even shown in the pleadings. And if so, a motion for a nunc pro tunc order seems problematical. Might be worth a try, however. Also dear relative might talk to his attorney about filing an independent action for declaratory relief. Or, depending upon the language in the decree, perhaps a motion in re contempt and/or one to compel ex-wifey to execute and deliver a quitclaim deed - or the judge sign one for her . (Which QCD should have been ordered, signed, acknowledged and delivered in the courtroom would have had not uncle opted to play lawyer.)

    Last hope would be a quite title action and that ain't cheap.

    Of course the county land records will reflect the legal description of the property! Along with countless other parcels. But it has no significance in solving the uncle's dilemma.

    It is past time for your uncle to have a sit-down with his attorney because no help will be forthcoming from cyberspace. In the meantime the natives are growing restless and will be shopping for different digs.

    Last advice: Don't you play lawyer in trying to help dear relative. It's against both the law and his best interests.

  3. #3
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: No Physical Description of Home in Divorce Decree -- Texas

    As compared to the cost and duration of a typical quiet title action, a motion to clarify the divorce judgment would seem like the way to go. Given that the sale may be lost if your uncle doesn't move quickly, and the importance of getting things done correctly this time around, it would make a lot of sense for him to have a lawyer assist him.

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